Should I plead guilty or not guilty?

Question

Hi,
I just got a ticket for racing on highway. I was on the left lane and changed 2 lanes over to fill gas. The cop pulled me over in gas station. I explained him that I needed gas. I only had 2 gallons in the tank and I have proof for that since I filled up after that. The cop dint know how fast I was going. He suspected that I was racing with some other car and gave me the ticket. Let me know whether I should plead guilty or not guilty since it is 5 point ticket. How much is the fine for the 5 point ticket. Also, I got a ticket for unsafe lane change. How many points is that ticket and what is the fine for the ticket.

Answer 1

Absolutely get a lawyer if you plan to do anything other than plead no contest and throw yourself on the mercy of the court. Even then, it wouldn't hurt.

Depending on where you are, the fines could vary greatly, so bottom line it's going to be up to you to make the call. Also, the size of the city makes a huge difference in your ability to hash it out with the DA. In a suburb or more rural area, there's a decent chance of you talking to them in person, saying that you aren't sure there's enough for charges (admit nothing, but don't lie either...just refuse to discuss any specifics without a lawyer if it comes to that) but also admit that you don't want to go through a big legal battle and you don't want to risk your insurance rating. A lot of times they'll work with you. Maybe something like a plea bargain, pay the full fine and do some community service and it will stay off your record. In a larger area, this would need to be done by a lawyer for certain.

If you decide to fight it, your lawyer will get everything they intend to present against you, which is called discovery. Seeing what they have might change what you intend to do. If they have a dashboard camera of you speeding and cutting in and out of traffic, that's one thing. If they only have a police report from a cop saying he saw you change lanes and pull off, that's another. I can't stress this enough. DO NOT LIE and say you weren't if you were. Just flip the questions around to force them to prove their claim, or simply say nothing at all. Some places have a tendency to hit hard on people that challenge tickets. If they get you saying you didn't do X and they can present a video of you doing it, guess what. They are going to amend the charges to add perjury and you could do some time. (OK, that should be enough reason for you to get a lawyer. It's well worth the money, and it might not be as much as you think for a traffic violation.)

Lastly, no matter what you do, be very respectful. Dress in a shirt and tie and slacks. Get a haircut and shave before you go. Look as much like a sunday school teacher as possible. Do not argue. If it comes to that, you need a lawyer. Present yourself as a person who is concerned, who is honest and hard working. You're just there to find out what we can do to avoid court. Even if they are pretty sure you are guilty, if they WANT to help you, they are more likely to do so.

Answer 2

If you did a lane change over 2 lanes(illegal) and were speeding(illegal), you broke the law twice and the cop observed it. The cop can nail you for speeding even if he doesn't know the exact speed. He can just compare how fast you were going in comparison to the flow of traffic, and I am sure that is in the report he filed.
I am not in a state that uses a points system, but you could try to go to the court before you are supposed to appear and try to get a lesser charge. Personally, it wouldn't be worth the time to me.
The excuse of needing gas won't go over too well because the faster you drive, the faster you burn gas. The fact of the matter is that nobody drives quickly to gas stations when they are low on gas...they always drive slow.

My advice? Plead "No Contest" and face the music. That, or get an attorney and try to have a chance to keep your license.

If you do lose your license, the good thing is that there will be one fewer dangerous drivers on the roads.

Answer 3

If he did not ticket any other driver for racing I would plead not guilty. Your question to the Judge would be, "Who was I alledgedly racing?" If he has no idea as to how fast you were going then you can ask, "What made him come to the conclusion that I was racing somebody?" "Did any other car come off the freeway when I did?" "And if so why was that person not ticketed for racing?"
I would just eat the unsafe lane change. But if you can calmly convince the Judge that the cop was wrong about the racing. He or she might just throw the whole thing out.
Good Luck

Answer 4

Really, the court is going to take the officers word for it over yours. If the court just took your opinion then everyone would plead innocent and no one would ever be charged.

Look at it this way, can you afford a 5 point ticket plus the other ticket as well? Do you know how much this will increase your insurance? Multiply that times the number of years this will be on your record. It could be a lot of money, plus court costs and the fines.

My point is, go find yourself a half-way decent attorney to go to court for you. There is no way you can talk your way out of this with the DA on your own. You need someone local who works at the courthouse fairly frequently and knows his/her way around. It generally doesn't cost a fortune and in the long run will be a lot less expensive if he/she can get the charges reduced, which, if your record has been clean thus far, shouldn't be that difficult to do.

Good luck, and get an attorney.

Answer 5

Racing is a major no no...and cops don't give a crap about excuses...including that you had to cross two lanes to "get gas" especially when we both know you were avoiding the flashing lights your rearview mirror.

Tell ya what...how about you plead innocent and tell the judge you were just gettng gas. That ought to go over real well.

(If you already got the ticket, plead guilty and make a heartfelt apology to the MUNICIPALITY that you made the offense in. Even if it's bullshitee, say you're sorry. Don't be a schmuck and try to tell the judge that the cop was wrong)

AFTER READING OTHER REPLYS: You will NOT get to speak with the prosecuter. He works for the prosecution NOT THE DEFENSE. If you plead innocent and are found guilty, the penalty is max.

If you listen to those people that watch TV COP shows, you'll get screwed....that's TVLand.

Answer 6

Firstly, if you want anyone to be able to help you with the amount, you have to provide more info about where you got the citation. Fines are different form city to city, county to county, and state to state.
As far as if you should fight it in court: Well if everything you say it's the truth, than you have a good chance to get it dismissed. However you have to prove that you did not race from point A to point B ( that would be considered racing) instead you were trying to exit the highway to a nearby exit.
Don't try to discredit the officer in the court (it never works) instead explain that it was a misunderstanding on his part.

And of course I hope you're not 18 driving a sport car.

Answer 7

If you may have points added to your license, how about contacting an attorney and finding out the fee if he or she goes with you to court. The lawyer can perhaps talk with the prosecutor and either try to get the charge dismissed or have you plead guilty to a lesser charge such as a non-moving violation where possibly no points(?) are added but that the person has to pay a fine.

I was stopped a few years ago on one of those 'steed trap' streets of 25 mph while late at nite. I actually had an old friend who was an attorney that represented me on my court date and she got the speeding ticket lessened to a non-moving violation so that I 'only' had to pay a fine though with no points added to my license. Please consult an attorney or even shop around for the best price as to try to prevent points added. It's not a guarantee, but it's certainly worth a try especially when we learn from it which I did as well :)

Answer 8

1. If the cop is unable to determine how fast you were going, there is no real evidence of racing or speeding.

2. Usafe lane change is difficult to challenge.

Plead not guilty to the racing charge especially if they can't produce your competitor. Plead guilty to the unsafe lane change.

Answer 9

Heres the dumbed down version no offense lol yet to plead to blame potential you're sayin your to blame no if ands or buts so say in case you plead to blame to attack then you fairly are to blame of assaulting someone and mostly you cant bypass back and say oh I didnt attack everybody because you merely admitted to the crime now at the same time as it come to pleading to blame or no longer dont ever plead nolo beacause they are going to say plead nolo that way you plead to blame yet you dont admit guilt properly contained in the suited once you do this you merely screwed up because human beings are gonna say why no longer merely plead no longer to blame so they are gonna say you're to blame and the courts are gonna see it a similar and so a lengthy way as no longer to blame merely flat out you didnt do it you know no longer something about it and also you werent there lol

Answer 10

Unsafe lane change is not racing. With the cop will not show for court.